2017 -- S 0236 SUBSTITUTE A

========

LC001113/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO PROPERTY - FAIR HOUSING PRACTICES

     

     Introduced By: Senators Metts, Crowley, Jabour, Ciccone, and Quezada

     Date Introduced: February 02, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Sections 34-37-1, 34-37-2, 34-37-3, 34-37-4, and 34-37-5.3 of the General

2

Laws in Chapter 34-37 entitled "Rhode Island Fair Housing Practices Act" are hereby amended to

3

read as follows:

4

     34-37-1. Finding and declaration of policy.

5

     (a) In the State of Rhode Island and Providence Plantations, hereinafter referred to as the

6

state, many people are denied equal opportunity in obtaining housing accommodations and are

7

forced to live in circumscribed areas because of discriminatory housing practices based upon

8

race, color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful

9

source of income, military status as a veteran with an honorable discharge or an honorable or

10

general administrative discharge, servicemember in the armed forces, country of ancestral origin,

11

disability, age, familial status, or on the basis that a tenant or applicant or a member of the

12

household is, or has been, or is threatened with being the victim of domestic abuse, or that the

13

tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a

14

restraining order for protection from domestic abuse. These practices tend unjustly to condemn

15

large groups of inhabitants to dwell in segregated districts or under depressed living conditions in

16

crowded, unsanitary, substandard, and unhealthful accommodations. These conditions breed

17

intergroup tension as well as vice, disease, juvenile delinquency, and crime; increase the fire

18

hazard; endanger the public health; jeopardize the public safety, general welfare, and good order

19

of the entire state; and impose substantial burdens on the public revenues for the abatement and

 

1

relief of conditions so created. These discriminatory and segregative housing practices are

2

inimical to and subvert the basic principles upon which the colony of Rhode Island and

3

Providence Plantations was founded and upon which the state and the United States were later

4

established. Discrimination and segregation in housing tend to result in segregation in our public

5

schools and other public facilities, which is contrary to the policy of the state and the constitution

6

of the United States. Further, discrimination and segregation in housing adversely affect urban

7

renewal programs and the growth, progress, and prosperity of the state. In order to aid in the

8

correction of these evils, it is necessary to safeguard the right of all individuals to equal

9

opportunity in obtaining housing accommodations free of discrimination.

10

      (b) It is hereby declared to be the policy of the state to assure to all individuals regardless

11

of race, color, religion, sex, sexual orientation, gender identity or expression, marital status,

12

lawful source of income, military status as a veteran with an honorable discharge or an honorable

13

or general administrative discharge, servicemember in the armed forces, country of ancestral

14

origin, or disability, age, familial status, housing status, or those tenants or applicants or members

15

of a household who are, or have been, or are threatened with being the victims of domestic abuse,

16

or those tenants or applicants who have obtained, or sought, or are seeking relief from any court

17

in the form of a restraining order for protection from domestic abuse, equal opportunity to live in

18

decent, safe, sanitary, and healthful accommodations anywhere within the state in order that the

19

peace, health, safety, and general welfare of all the inhabitants of the state may be protected and

20

ensured.

21

      (c) The practice of discrimination in rental housing based on the lawful source of income

22

of an applicant for tenancy, or the potential or actual tenancy of a person with a minor child, or on

23

the basis that a tenant or applicant or a member of the household is, or has been, or is threatened

24

with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or

25

is seeking relief from any court in the form of a restraining order for protection from domestic

26

abuse is declared to be against public policy.

27

      (d) This chapter shall be deemed an exercise of the police power of the state for the

28

protection of the public welfare, prosperity, health, and peace of the people of the state.

29

      (e) Nothing in this section shall prevent a landlord from proceeding with eviction action

30

against a tenant who fails to comply with § 34-18-24(7).

31

     34-37-2. Right to equal housing opportunities -- Civil rights.

32

     The right of all individuals in the state to equal housing opportunities regardless of race,

33

color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source

34

of income, military status as a veteran with an honorable discharge or an honorable or general

 

LC001113/SUB A - Page 2 of 10

1

administrative discharge, servicemember in the armed forces, country of ancestral origin,

2

disability, age, familial status, or regardless of the fact that a tenant or applicant or a member of

3

the household is, or has been, or is threatened with being the victim of domestic abuse, or that the

4

tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a

5

restraining order for protection from domestic abuse, is hereby recognized as, and declared to be,

6

a civil right. Nothing in this section shall prevent a landlord from proceeding with eviction action

7

against a tenant who fails to comply with § 34-18-24(7).

8

     34-37-3. Definitions.

9

     When used in this chapter:

10

      (1) "Age" means anyone over the age of eighteen (18).

11

      (2) "Armed forces" means the Army, Navy, Marine Corps, Coast Guard, Merchant

12

Marines, or Air Force of the United States and the Rhode Island National Guard.

13

      (3) "Commission" means the Rhode Island commission for human rights created by §

14

28-5-8.

15

      (4) "Disability" means a disability as defined in § 42-87-1.

16

      Provided, further, that the term "disability" does not include current, illegal use of, or

17

addiction to, a controlled substance, as defined in 21 U.S.C. § 802.

18

      (5) "Discriminate" includes segregate, separate, or otherwise differentiate between or

19

among individuals because of race, color, religion, sex, sexual orientation, gender identity or

20

expression, marital status, lawful source of income, military status as a veteran with an honorable

21

discharge or an honorable or general administrative discharge, servicemember in the armed

22

forces, country of ancestral origin, disability, age, housing status, or familial status or because of

23

the race, color, religion, sex, sexual orientation, gender identity or expression, marital status,

24

lawful source of income, military status as a veteran with an honorable discharge or an honorable

25

or general administrative discharge, servicemember in the armed forces, country of ancestral

26

origin, disability, age, housing status, or familial status of any person with whom they are, or may

27

wish to be, associated.

28

      (6) The term "domestic abuse" for the purposes of this chapter shall have the same

29

meaning as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in §

30

12-29-2, except that the domestic abuse need not involve a minor or parties with minor children.

31

      (7) (i) "Familial status" means one or more individuals who have not attained the age of

32

eighteen (18) years being domiciled with:

33

      (A) A parent or another person having legal custody of the individual or individuals; or

34

      (B) The designee of the parent or other person having the custody, with the written

 

LC001113/SUB A - Page 3 of 10

1

permission of the parent or other person, provided that, if the individual is not a relative or legal

2

dependent of the designee, that the individual shall have been domiciled with the designee for at

3

least six (6) months.

4

      (ii) The protections afforded against discrimination on the basis of familial status shall

5

apply to any person who is pregnant or is in the process of securing legal custody of any

6

individual who has not attained the age of eighteen (18) years.

7

      (8) The terms, as used regarding persons with disabilities, "auxiliary aids and services",

8

"reasonable accommodation", and "reasonable modifications" have the same meaning as those

9

terms are defined in § 42-87-1.1.

10

      (9) The term "gender identity or expression" includes a person's actual or perceived

11

gender, as well as a person's gender identity, gender-related self image, gender-related

12

appearance, or gender-related expression; whether or not that gender identity, gender-related self

13

image, gender-related appearance, or gender-related expression is different from that traditionally

14

associated with the person's sex at birth.

15

      (10) "Housing accommodation" includes any building or structure, or portion of any

16

building or structure, or any parcel of land, developed or undeveloped, that is occupied or is

17

intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or

18

residence of one or more persons.

19

      (11) "Otherwise qualified" includes any person with a disability who, with respect to the

20

rental of property, personally or with assistance arranged by the person with a disability, is

21

capable of performing all the responsibilities of a tenant as contained in § 34-18-24.

22

      (12) "Owner" includes any person having the right to sell, rent, lease, or manage a

23

housing accommodation.

24

      (13) "Person" includes one or more individuals, partnerships, associations, organizations,

25

corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers,

26

legal representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons

27

as defined in chapter 20.5 of title 5.

28

      (14) "Senior citizen" means a person sixty-two (62) years of age or older.

29

      (15) The term "sexual orientation" means having, or being perceived as having, an

30

orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to

31

describe the status of persons and does not render lawful any conduct prohibited by the criminal

32

laws of this state nor impose any duty on a religious organization. This definition does not confer

33

legislative approval of said status, but is intended to ensure the basic human rights of persons to

34

hold and convey property and to give and obtain credit, regardless of such status.

 

LC001113/SUB A - Page 4 of 10

1

      (16) The term "victim" means a family or household member and all other persons

2

contained within the definition of those terms as defined in § 12-29-2.

3

      (17) The term "housing status" means the status of having or not having a fixed or

4

regular residence, including the status of living on the streets or in a homeless shelter or similar

5

temporary residence.

6

     (18) The term "lawful source of income" means income or other assistance derived from

7

Social Security; Supplemental Security Income; any other federal, state or local general public

8

assistance, including medical assistance; any federal, state or local housing assistance, including

9

Section 8 Housing as authorized by 42 U.S.C. §1437, and any other rental assistance; child

10

support; or alimony.

11

     34-37-4. Unlawful housing practices.

12

     (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as

13

defined in § 34-37-3(10), or an agent of any of these, shall, directly or indirectly, make, or cause

14

to be made, any written or oral inquiry concerning the race, color, religion, sex, sexual

15

orientation, gender identity or expression, marital status, lawful source of income, military status

16

as a veteran with an honorable discharge or an honorable or general administrative discharge,

17

servicemember in the armed forces, country of ancestral origin or disability, age, familial status

18

nor make any written or oral inquiry concerning whether a tenant or applicant or a member of the

19

household is, or has been, or is threatened with being the victim of domestic abuse, or whether a

20

tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a

21

restraining order for protection from domestic abuse, of any prospective purchaser, occupant, or

22

tenant of the housing accommodation; directly or indirectly, refuse to sell, rent, lease, let, or

23

otherwise deny to or withhold from any individual the housing accommodation because of the

24

race, color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful

25

source of income, military status as a veteran with an honorable discharge or an honorable or

26

general administrative discharge, servicemember in the armed forces, country of ancestral origin,

27

disability, age, or familial status of the individual or the race, color, religion, sex, sexual

28

orientation, gender identity or expression, marital status, lawful source of income, military status

29

as a veteran with an honorable discharge or an honorable or general administrative discharge,

30

servicemember in the armed forces, country of ancestral origin or disability, age, or familial

31

status of any person with whom the individual is or may wish to be associated; or shall, or on the

32

basis that a tenant or applicant, or a member of the household, is or has been, or is threatened with

33

being, the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is

34

seeking, relief from any court in the form of a restraining order for protection from domestic

 

LC001113/SUB A - Page 5 of 10

1

abuse. Nor shall an owner having the right to sell, rent, lease, or manage a housing

2

accommodation as defined in § 34-37-3(10), or an agent of any of these, directly or indirectly,

3

issue any advertisement relating to the sale, rental, or lease of the housing accommodation that

4

indicates any preference, limitation, specification, or discrimination based upon race, color,

5

religion, sex, sexual orientation, gender identity or expression, marital status, lawful source of

6

income, military status as a veteran with an honorable discharge or an honorable or general

7

administrative discharge, servicemember in the armed forces, country of ancestral origin,

8

disability, age, familial status, or on the basis that a tenant or applicant or a member of the

9

household is, or has been, or is threatened with being the victim of domestic abuse, or that the

10

tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a

11

restraining order for protection from domestic abuse, or shall, directly or indirectly, discriminate

12

against any individual because of his or her race, color, religion, sex, sexual orientation, gender

13

identity or expression, marital status, lawful source of income, military status as a veteran with an

14

honorable discharge or an honorable or general administrative discharge, servicemember in the

15

armed forces, country of ancestral origin, disability, age, familial status, or on the basis that a

16

tenant or applicant or a member of the household is, or has been, or is threatened with being the

17

victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking

18

relief from any court in the form of a restraining order for protection from domestic abuse, in the

19

terms, conditions, or privileges of the sale, rental, or lease of any housing accommodation or in

20

the furnishing of facilities or services in connection with it. Nothing in this subsection shall be

21

construed to prohibit any oral or written inquiry as to whether the prospective purchaser or tenant

22

is over the age of eighteen (18).

23

     Nothing in this subsection shall be construed to prohibit any oral or written inquiry as to

24

whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm

25

the source, amount and expected duration of the lawful source of income of the prospective

26

purchaser or tenant to determine whether the prospective purchaser or tenant meets the

27

nondiscriminatory standards and preferences or terms, conditions, limitations or specifications

28

permitted under subsection (c) of this section.

29

      (b) No person to whom application is made for a loan or other form of financial

30

assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing

31

accommodation, whether secured or unsecured shall directly or indirectly make or cause to be

32

made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation,

33

gender identity or expression, marital status, military status as a veteran with an honorable

34

discharge or an honorable or general administrative discharge, servicemember in the armed

 

LC001113/SUB A - Page 6 of 10

1

forces, country of ancestral origin, disability, age, familial status, or any express written or oral

2

inquiry into whether a tenant or applicant or a member of the household is, or has been, or is

3

threatened with being the victim of domestic abuse, or whether a tenant or applicant has obtained,

4

or sought, or is seeking relief from any court in the form of a restraining order for protection from

5

domestic abuse, of any individual seeking the financial assistance, or of existing or prospective

6

occupants or tenants of the housing accommodation; nor shall any person to whom the

7

application is made in the manner provided, directly or indirectly, discriminate in the terms,

8

conditions, or privileges relating to the obtaining or use of any financial assistance against any

9

applicant because of the race, color, religion, sex, sexual orientation, gender identity or

10

expression, marital status, military status as a veteran with an honorable discharge or an

11

honorable or general administrative discharge, servicemember in the armed forces, country of

12

ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a

13

member of the household is, or has been, or is threatened with being the victim of domestic

14

abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in

15

the form of a restraining order for protection from domestic abuse, of the applicant or of the

16

existing or prospective occupants or tenants. Nothing in this subsection shall be construed to

17

prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).

18

      (c) Nothing in this section contained shall be construed in any manner to prohibit or limit

19

the exercise of the privilege of every person and the agent of any person having the right to sell,

20

rent, lease, or manage a housing accommodation to establish standards and preferences and set

21

terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or

22

in the furnishing of facilities or services in connection therewith that do not discriminate on the

23

basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital

24

status, lawful source of income, military status as a veteran with an honorable discharge or an

25

honorable or general administrative discharge, servicemember in the armed forces, country of

26

ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a

27

member of the household is, or has been, or is threatened with being the victim of domestic

28

abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in

29

the form of a restraining order for protection from domestic abuse, of any prospective purchaser,

30

lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, gender

31

identity or expression, marital status, lawful source of income, military status as a veteran with an

32

honorable discharge or an honorable or general administrative discharge, servicemember in the

33

armed forces, country of ancestral origin, disability, age, or familial status of any person with

34

whom the prospective purchaser, lessee, tenant, or occupant is or may wish to be associated.

 

LC001113/SUB A - Page 7 of 10

1

Nothing contained in this section shall be construed in any manner to prohibit or limit the

2

exercise of the privilege of every person and the agent of any person making loans for, or offering

3

financial assistance in, the acquisition, construction, rehabilitation, repair, or maintenance of

4

housing accommodations to set standards and preferences, terms, conditions, limitations, or

5

specifications for the granting of loans or financial assistance that do not discriminate on the basis

6

of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status,

7

military status as a veteran with an honorable discharge or an honorable or general administrative

8

discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial

9

status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is

10

threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or

11

sought, or is seeking relief from any court in the form of a restraining order for protection from

12

domestic abuse, of the applicant for the loan or financial assistance or of any existing or

13

prospective owner, lessee, tenant, or occupant of the housing accommodation.

14

      (d) An owner may not refuse to allow a person with a disability to make, at his or her

15

expense, reasonable modifications of existing premises occupied or to be occupied by the person

16

if the modifications may be necessary to afford the person full enjoyment of the premises, except

17

that, in the case of a rental, the owner may, where it is reasonable to do so, condition permission

18

for a modification on the renter agreeing to restore the interior of the premises to the condition

19

that existed before the modification, reasonable wear and tear excepted. Where it is necessary in

20

order to ensure with reasonable certainty that funds will be available to pay for the restorations at

21

the end of the tenancy, the landlord may negotiate as part of the restoration agreement a provision

22

requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a

23

reasonable amount of money not to exceed the cost of the restorations. The interest in the account

24

shall accrue to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-

25

19(a) but will be subject to § 34-18-19(b) -- through (f) inclusive.

26

      (e) (1) An owner may not refuse to make reasonable accommodations in rules, policies,

27

practices, or services when those accommodations may be necessary to afford an occupant with a

28

disability equal opportunity to use and enjoy a dwelling.

29

      (2) Every person with a disability who has a guide dog or other personal assistive

30

animal, or who obtains a guide dog or other personal assistive animal, shall be entitled to full and

31

equal access to all housing accommodations provided for in this section and shall not be required

32

to pay extra compensation for the guide dog or other personal assistive animal but shall be liable

33

for any damage done to the premises by a guide dog or other personal assistive animal. For the

34

purposes of this subsection, a "personal assistive animal" is an animal specifically trained by a

 

LC001113/SUB A - Page 8 of 10

1

certified animal training program to assist a person with a disability to perform independent living

2

tasks.

3

      (f) Any housing accommodation of four (4) units or more constructed for first occupancy

4

after March 13, 1991, shall be designed and constructed in such a manner that:

5

      (1) The public use and common use portions of the dwellings are readily accessible to

6

and usable by persons with disabilities;

7

      (2) All the doors designed to allow passage into and within all premises within the

8

dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;

9

      (3) All premises within the dwellings contain the following features of adaptive design:

10

      (i) Accessible route into and through the dwelling;

11

      (ii) Light switches, electrical outlets, thermostats, and other environmental controls in

12

accessible locations;

13

      (iii) Reinforcements in bathroom walls to allow later installation of grab bars; and

14

      (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver

15

about the space. To the extent that any state or local building codes, statutes, or ordinances are

16

inconsistent with this section, they are hereby repealed. The state building code standards

17

committee is hereby directed to adopt rules and regulations consistent with this section as soon as

18

possible, but no later than September 30, 1990.

19

      (g) Compliance with the appropriate requirements of the state building code 14

20

"accessibility for individuals with disabilities for residential use groups" suffices to satisfy the

21

requirements of subsection (f).

22

      (h) As used in subsection (f), the term "housing accommodation of four (4) units or

23

more" means:

24

      (1) Buildings consisting of four (4) or more units if those buildings have one or more

25

elevators; and

26

      (2) Ground floor units in other buildings consisting of four (4) or more units;

27

      (i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that

28

requires a greater degree of accessibility to persons with disabilities.

29

      (j) Nothing in this section requires that a dwelling be made available to an individual

30

whose tenancy would constitute a direct threat to the health or safety of other individuals or

31

whose tenancy would result in substantial physical damage to the property of others.

32

      (k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee,

33

sublessee, or assignee from advertising or selecting a person of the same or opposite gender to

34

rent, lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy

 

LC001113/SUB A - Page 9 of 10

1

with the person selected.

2

      (l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by

3

this section to be an unlawful housing practice; or obstruct or prevent any person from complying

4

with the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly

5

to commit any act declared by this section to be an unlawful housing practice.

6

      (m) No owner; person defined in § 34-37-3(13); person to whom application is made for

7

a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair,

8

or maintenance of any housing accommodation, whether secured or unsecured; no financial

9

organization governed by the provisions of title 19 or any other credit-granting commercial

10

institution; or respondent under this chapter; or any agent of these shall discriminate in any

11

manner against any individual because he or she has opposed any practice forbidden by this

12

chapter, or because he or she has made a charge, testified, or assisted in any manner in any

13

investigation, proceeding, or hearing under this chapter.

14

      (n) Nothing in this section shall prevent a landlord from proceeding with eviction action

15

against a tenant who fails to comply with § 34-18-24(7).

16

     34-37-5.3. Fostering of segregated housing prohibited.

17

     It shall be an unlawful discriminatory housing practice to for profit induce, or attempt to

18

induce, any person to sell or rent any dwelling by representations regarding the entry or

19

prospective entry into the neighborhood of a person or persons of a particular race, color, religion,

20

marital status, lawful source of income, military status as a veteran with an honorable discharge

21

or an honorable or general administrative discharge, servicemember in the armed forces, country

22

of ancestral origin, sex, sexual orientation, gender identity or expression, age, disability, or

23

familial status.

24

     SECTION 2. Chapter 34-37 of the General Laws entitled "Rhode Island Fair Housing

25

Practices Act" is hereby amended by adding thereto the following section:

26

     34-37-4.6. Discrimination based on lawful source of income - Exemption.

27

     Nothing in this title shall prohibit an owner of a housing accommodation from refusing to

28

rent to a person based on their lawful source of income if the housing accommodation is three (3)

29

units or less, one of which is occupied by the owner.

30

     SECTION 3. This act shall take effect upon passage.

========

LC001113/SUB A

========

 

LC001113/SUB A - Page 10 of 10

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY - FAIR HOUSING PRACTICES

***

1

     This act would prohibit discrimination in housing against those persons who have a

2

lawful source of income.

3

     This act would take effect upon passage.

========

LC001113/SUB A

========

 

LC001113/SUB A - Page 11 of 10